No. 19-6984

Mark A. Perez v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al.

Lower Court: Third Circuit
Docketed: 2019-12-18
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability federal-habeas-corpus guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-exception post-conviction-relief procedural-default
Key Terms:
SocialSecurity Immigration
Latest Conference: 2020-02-21
Question Presented (from Petition)

1 -) Does Martinez v. Ryan / 566 U.S. 1 (2012) excuse a procedural
default in a Federal Habeas Corpus proceeding where Post
Conviction relief Counsel defaulted a claim in the initial
Post Conviction proceeding that Guilty Plea Counsel was
ineffective for misadvising Petitioner he faced 25 years to
life imprisonment if he proceeded to trial, where Petitioner
did not face a life sentence if convicted by a jury?

2.) If so, did the Lower Court commit error in finding that the
District Court did not abuse its discretion in denying
Petitioner 's Motion for relief from judgment pursuant to
Federal Rules of Civil Procedure 60(b)(6)?

3.) Did the Lower Court commit error in finding that Petitioner
did not make a substantial showing of the denial of a
Constitutional right to obtain a Certificate of Appeal-
ability (COA) on ineffective assistance of counsel claim?

Question Presented (AI Summary)

Does Martinez v. Ryan excuse a procedural default in Federal Habeas Corpus proceedings?

Docket Entries

2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2019-12-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 17, 2020)

Attorneys

Mark A. Perez
Mark A. Perez — Petitioner